Remedies & ‘Just Cause’ Termination

The Remedies on Termination There are two basic remedies on termination. One is the common law remedy of wrongful dismissal based on the implied term of fair notice. The second is the statutory claim for the Employment Standards minimum payments of notice and severance pay. The notice claim under this statute is capped at 8 […]

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Unjust Dismissal – Canada Labour Code

Federal Judge Reviews Unjust Dismissal Remedy A recent decision of the Federal Court of Canada[1] illustrates the tremendous power of the Unjust Dismissal remedy under the Canada Labour Code. Who Qualifies This relief is available only to those persons employed in federally regulated businesses. The most well-known of such companies are banks, inter-provincial transportation companies, […]

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Workplace Investigations

Workplace Investigations There are many circumstances mandating an investigation of workplace issues, including allegations of harassment, discrimination, vandalism, or a safety issue. Employees should be aware that employers are obligated to conduct investigations in certain circumstances, and should understand the basic ins and outs of such investigations. Human Rights In any case alleging a human […]

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Employee Terminated for Just Cause After Butt Dial to Employer Revealed He was Working for Himself on Company Time

A senior IBM salesman was terminated for just cause when, as a result of two unintended butt-dials , it was revealed that he was regularly working for his own private corporation on what IBM considered to be “IBM time”. What Happened? The employee was hired by IBM Canada Inc. in August 2010 into a full […]

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